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GMAC Mortgage Corp. v. Salisbury (In re Loloee)
Due process is denied when a lien priority dispute is resolved in a sale motion without an adversary proceeding.
Bankruptcy Dec. 2, 1999
Yaden v. Robinson (In re Robinson)
Oregon law, limiting garnishment of earnings, serves as an exemption statute in bankruptcy.
Bankruptcy Dec. 2, 1999
Missoula Federal Credit Union v. Reinertson (In re Reinertson)
Order approving reaffirmation agreement cannot be vacated where debtors missed the one-year cutoff for seeking relief from judgment.
Bankruptcy Dec. 2, 1999
United Student Aid Funds Inc. v. Nascimento (In re Nascimento)
Discharge of student loan debt is improper where debtor didn't prove she was living at minimal standard or was unable to repay loans.
Bankruptcy Dec. 2, 1999
Household Credit Services Inc. v. Ettell (In re Ettell)
In determining the dischargeability of credit card debt on the basis of fraud, the court can consider circumstantial evidence in addition to the 12 'Dougherty' factors.
Bankruptcy Dec. 2, 1999
Parrin v. Helms (In re Parrin)
Order
Bankruptcy Dec. 1, 1999
Debias v. Zeman (In re Debias)
Order
Bankruptcy Nov. 24, 1999
In re Coope Manufacturing Corp. v. The Home Indemnit Company
Order
Bankruptcy Nov. 19, 1999
Bankruptcy of Andersen
Where Chapter 13 plan is confirmed and an order of discharge is entered, absent timely appeal, confirmation of plan constitutes res judicata on issue of hardship.
Bankruptcy Nov. 19, 1999
In re Ulsa Litho Company
Order
Bankruptcy Nov. 19, 1999
In re Souther Star Foods Inc.
Order
Bankruptcy Nov. 10, 1999
In re Country World Casinos Inc.
Creditor isn't entitled to interest on note during default and must pay fees and costs to 'prevailing party,' but need not reimburse environmental clean-up costs.
Bankruptcy Nov. 10, 1999
In re Rivermeadows Associates
Order
Bankruptcy Nov. 10, 1999
Bankruptcy of Western Pacific Airlines Inc.
Appeal of decisions on lessor's right to repossess aircraft collateral after default, and debtor's right to assign aircraft as collateral, are moot.
Bankruptcy Nov. 10, 1999
Payne v. Clarendon National Insurance Co. (In re Sunset Sales Inc.)
Court has no jurisdiction to enter stay pending appeal unless it first recalls its mandate.
Bankruptcy Nov. 9, 1999
McGavin v. Segal (In re McGavin)
Imposition of resulting trust requires clear and convincing evidence of the transferors intent at the time the transfer.
Bankruptcy Nov. 4, 1999
Foster v. Hill (In re Foster)
A trustee does not per se control an individual debtors attorney-client privilege as to the debtors prepetition civil claims.
Bankruptcy Nov. 4, 1999
Pacheco-Koveleski v. Brown (In re Brown)
Order
Bankruptcy Nov. 4, 1999
Ung v. Boni (In re Boni)
Annulment of automatic stay can not be retroactively enforced where court is unable to fashion remedy for wrong.
Bankruptcy Nov. 4, 1999
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Security interest in a patent is perfected by filing a financing statement with the secretary of state, not the U.S. Patent Office.
Bankruptcy Nov. 4, 1999
Payne v. Clarendon National Insurance Co. (In re Sunset Sales Inc.)
Order
Bankruptcy Nov. 3, 1999
California Franchise Tax Board v. Jackson (In re Jackson)
State isn't entitled to except tax claim from discharge due to failure to file a tax return based on the debtor's failure to report federal tax assessment.
Bankruptcy Oct. 29, 1999
Zimmerman v. First Union National Bank (In re Silva and Selmasska)
Bankruptcy court has jurisdiction to require turnover of property of estate and to determine whether property is owned by debtor.
Bankruptcy Oct. 29, 1999
In re: Lofton
Order
Bankruptcy Oct. 28, 1999
In re Blagg
Order
Bankruptcy Oct. 27, 1999
Hough v. Fry (In re Hough)
Dischargeability exception under 11 U.S.C. Section 523(a)(17) only applies to fees and costs imposed under federal statute against prisoner litigant.
Bankruptcy Oct. 13, 1999
MacDonald v. Burgie (In re Burgie)
Proceeds from postpetition sale of debtors' residence are not disposable income that must be used to pay creditors under Chapter 13 plan.
Bankruptcy Oct. 13, 1999
Soaring Eagles Orchards Inc. v. Chaussee (In re Indian Wells Orchards)
Re-litigation exception to Anti-Injunction Act allows injunction only where state litigation claims have been decided by federal court.
Bankruptcy Oct. 11, 1999
Hunsaker v. Schwenk (In re Hunsaker)
Collateral estoppel is inapplicable where issue of fraud was not necessarily resolved by prior judicial arbitration award.
Bankruptcy Oct. 11, 1999
Hoffman v. Bello (In re Hoffman)
Summary judgment properly granted for creditors on debtor's claim where no evidence of fraud was presented.
Bankruptcy Oct. 11, 1999